Trump v. United States and the Separation of Powers
Introduction Trump v. United States is a blockbuster decision that has been reviled and celebrated by different quarters of American… Continue reading →
Constitutional Law
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Blessed Are The (Global) Peacemakers: Evaluating The Ali’s Proposed Medical Monitoring Amendment
As Judge Jack Weinstein says, the Third Restatement of Torts “should attempt to synthesize a tort law for the industrialized… Continue reading →
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Governing by Assignment
Although expertise is a pillar of public administration and administrative law, the government is increasingly missing experts. The U.S. federal… Continue reading →
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Bruen and the Gun Rights of Pretrial Defendants
New York State Rifle & Pistol Association v. Bruen announced a novel constitutional test for gun regulation. This test requires gun… Continue reading →
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Government Misinformation Platforms
There is a harmful mismatch between how information published by the government is perceived—as highly trustworthy—and the reality that it… Continue reading →
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Choice of Law in Same-Sex Marriage
Introduction Marriage is all around us. While in many respects, marriage is an intimate relationship between individuals, it is also… Continue reading →
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Losing the Right to Counsel
Under the Sixth Amendment, a criminal defendant has both the right to counsel and the right to represent himself. These… Continue reading →
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T.L.O. Goes Home
The Supreme Court has not addressed the relationship between searches by school administrators and a student’s Fourth Amendment rights in… Continue reading →
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Outcome Reasons and Process Reasons in Normative Constitutional Theory
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that… Continue reading →
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Conflicts of Law and the Abortion War Between the States
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme… Continue reading →